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Articles 31 - 60 of 223
Full-Text Articles in Commercial Law
Preventive Settlement As A Preventive Means To Safeguarding Troubled Businesses From Bankruptcy: An Analysis Of The Uae Law, Prof. Mohammad Al Armman
Preventive Settlement As A Preventive Means To Safeguarding Troubled Businesses From Bankruptcy: An Analysis Of The Uae Law, Prof. Mohammad Al Armman
Faculty Peer-Reviewed Papers | بحوث هيئة التدريس المحكمة
his study explores the legal framework surrounding the preventive settlement method and its potential to mitigate bankruptcy risks for troubled commercial enterprises. It enables debtors in financial distress to petition the competent court for protection, helping them avoid default and bankruptcy proceedings. The research employs qualitative and analytical approaches, focusing on the UAE Financial Restructuring and Bankruptcy Law No. 51 of 2023 (FRBL) and relevant case law. The findings indicate that preventive settlement procedures facilitate creditors in recovering their dues, which has a positive impact on the national economy. Consequently, the study recommends incorporating Article 57 FRBL, a requirement that …
Caremark's Politics, Itai Fiegenbaum
Caremark's Politics, Itai Fiegenbaum
Cardozo Law Review
What propels the evolution of Delaware corporate law? In a series of persuasive articles, Professor Mark Roe explains Delaware corporate law developments as an effort to preempt federal intervention. If public outrage over corporate governance failures reaches Congress, federal lawmakers may impose reforms that undercut Delaware’s prominence and ultimately harm those that benefit from the prestige and lucre that come with it. To avoid this, Delaware courts strategically adjust doctrines to appear vigilant in protecting investors. Delaware’s adjudication of director oversight failures aligns with this account. In re Caremark, the seminal case renowned for its declaration of a proactive board-level …
Is Your Data Good, Bad, Or Neutral?: Redefining Concreteness For Data Breach Harms, Jeeyoon Lim
Is Your Data Good, Bad, Or Neutral?: Redefining Concreteness For Data Breach Harms, Jeeyoon Lim
Fordham Law Review
In recent years, the Supreme Court has tightened federal court standing requirements for intangible harms, including statutory harms. In TransUnion LLC v. Ramirez, the Court held that a mere statutory violation, absent a common-law analogue, is not sufficiently concrete to grant standing. The Court did not provide clear guidance as to how stringent the common-law analogue analysis must be, other than that it does not require an “exact duplicate.” Because of the ever-evolving nature of digital data, data breach victims attempting to enforce their statutory right to privacy in federal court have struggled to rely on tradition and history …
Delaware Supreme Court Clarifies Standard Of Review For Advance Notice Bylaw, Robert S. Reder, Noah Nance
Delaware Supreme Court Clarifies Standard Of Review For Advance Notice Bylaw, Robert S. Reder, Noah Nance
Vanderbilt Law School Faculty Publications
Of the myriad corporate defenses erected during the hostile takeover boom of the mid-to-late 1980s, the one that has received the least scrutiny by the Delaware judiciary-at least until recently-is the so-called advance notice bylaw. Advance notice bylaws adopted by corporate boards of directors are "designed and function to permit orderly meetings and election contests and to provide fair warning to the corporation so that it may have sufficient time to respond to shareholder nominations." Kellner v. AIM ImmunoTech Inc., 320 A.3d 229 (Del. July 11, 2024) ("Kellner") (quoting Openwave Sys. Inc. v. Harbinger Cap. Partners Master Fund I, Ltd., …
Keabsahan Pemberian Kuasa Pendebetan Dan Pemblokiran Sebagai Jaminan Dalam Suatu Perjanjian Kredit (Studi Putusan Mahkamah Agung Nomor 587k/Pdt.Sus-Bpsk/2021), Reyvia Fitri
Indonesian Notary
This thesis analyzes the validity for granting a power of attorney in a credit agreement and to which court has the authority to adjudicate disputes arising from the validity of such granting of power of attorney. This article was prepared using doctrinal methods with secondary data originating from the Civil Code and other related regulations. Today's urgent need for credit encourages people to enter into credit agreements without fully understanding the contents of the agreement they are entering. In practice, the contents of the credit agreement contain a clause granting authority to debit and block the customer's account to ensure …
Tanggung Jawab Notaris Atas Keabsahan Pelaksanaan Rupslb Dan Akta Hibah Saham Yang Bertentangan Dengan Anggaran Dasar Perseroan Terbatas (Studi Putusan Pengadilan Negeri Padang Nomor 10/Pdt.G.S/2023/Pn Pdg), Aqilah Nurshafira Anwar
Tanggung Jawab Notaris Atas Keabsahan Pelaksanaan Rupslb Dan Akta Hibah Saham Yang Bertentangan Dengan Anggaran Dasar Perseroan Terbatas (Studi Putusan Pengadilan Negeri Padang Nomor 10/Pdt.G.S/2023/Pn Pdg), Aqilah Nurshafira Anwar
Indonesian Notary
This thesis examines the validity of the Extraordinary General Meeting and the creation of the share gift deed that does not comply with the Articles of Association, based on the UUPT and UUJN. This thesis also examines Notary's liability for creating the share gift deed in violation of the law, as Padang District Court Decision No. 10/Pdt.G.S/2023/PN Pdg. This research uses doctrinal methodology with qualitative analysis. The results show that the RUPSLB decision of PT INT, remains valid despite procedural disrepancies in the meeting invitation, as all shareholders attended and approved the decision, as per Article 82(5) UUPT. However, …
Pendaftaran Akta Wasiat Untuk Pelindungan Terhadap Penerima Wasiat Dan Pihak Ketiga (Studi Putusan Pengadilan Negeri Denpasar Nomor 218/Pdt.G/2021/Pn Dps), Arde Nauval Sulistyo
Pendaftaran Akta Wasiat Untuk Pelindungan Terhadap Penerima Wasiat Dan Pihak Ketiga (Studi Putusan Pengadilan Negeri Denpasar Nomor 218/Pdt.G/2021/Pn Dps), Arde Nauval Sulistyo
Indonesian Notary
A person can state his will after he dies in an authentic deed, namely a Will Deed. Furthermore, the Will Deed must be registered with the Ministry of Law and Human Rights (Kemenkumham). The case of not registering a Will Deed which ultimately gave rise to a dispute can be found in the Denpasar District Court Decision Number 218/Pdt.G/PN Dps. The problem raised in this study is about the legal consequences of a Will Deed that is not registered with the Ministry of Law and Human Rights. In addition, the judge's considerations in his decision to fulfill justice and legal …
Kedudukan Ahli Waris Sebagaimana Surat Keterangan Hak Mewaris Yang Dibuat Pasca Terjadinya Pelanggaran Hak Cipta (Studi Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/Pn Niaga Jkt.Pst), Mirza Alvina Maharani
Kedudukan Ahli Waris Sebagaimana Surat Keterangan Hak Mewaris Yang Dibuat Pasca Terjadinya Pelanggaran Hak Cipta (Studi Putusan Nomor 35/Pdt.Sus-Hak Cipta/2020/Pn Niaga Jkt.Pst), Mirza Alvina Maharani
Indonesian Notary
This thesis examines the status of copyright as an inheritable asset recognized under Indonesian law, as well as the legal standing of heirs based on a Certificate of Inheritance (Surat Keterangan Hak Mewaris or SKHM) issued after a copyright infringement has occurred, as reflected in Decision No. 35/Pdt.Sus-Hak Cipta/2020/PN Niaga Jkt.Pst. This research employs a doctrinal legal method, supported by expert interviews. In the case under study, it was found that although inheritance under civil law occurs automatically upon the death of the copyright holder, the transfer of copyright requires written evidence and official registration with the Directorate General of …
Peranan Majelis Pengawas Daerah Kota Depok Dalam Menghadapi Permasalahan Pelanggaran Jabatan Notaris Di Kota Depok, Gabriella Tiku Sarungu
Peranan Majelis Pengawas Daerah Kota Depok Dalam Menghadapi Permasalahan Pelanggaran Jabatan Notaris Di Kota Depok, Gabriella Tiku Sarungu
Indonesian Notary
The Regional Supervisory Council (MPD) functions to oversee and provide guidance on the Notary profession. The role of MPD is crucial in minimizing violations related to the Notary profession, particularly in Depok City. Therefore, it is necessary to examine the role of MPD in addressing violations of the Notary profession in Depok City, based on applicable regulations, as well as the implications of handling various types of violation reports submitted by the public on the performance of MPD in Depok City. This study uses a non-doctrinal method with qualitative empirical data, gathered through interviews and supported by secondary data. The …
Akibat Hukum Akta Penegasan Notaris Yang Memuat Perjanjian Pinjam Nama (Nominee) Benda Bergerak (Studi Putusan Nomor 5/Pdt.G/2022/Pn Stb Jo. Putusan 612/Pdt/2022/Pt Mdn), Andasmara Rizky Pranata
Akibat Hukum Akta Penegasan Notaris Yang Memuat Perjanjian Pinjam Nama (Nominee) Benda Bergerak (Studi Putusan Nomor 5/Pdt.G/2022/Pn Stb Jo. Putusan 612/Pdt/2022/Pt Mdn), Andasmara Rizky Pranata
Indonesian Notary
In practice, the existence of nominee agreements often raises debates about their validity and legal protection for the parties involved, so nominee agreements should not be used carelessly and notaries play an important role in drafting these agreements. The purpose of this study is to analyze the validity of the deed confirming the agreement to borrow a name made by a Notary and to find out the role and responsibilities of a notary in confirming the agreement to borrow a name (nominee) related to movable property that is detrimental to the parties in the decision of Decision Number 5/Pdt.G/2022/PN Stb …
Kewenangan Dan Tanggung Jawab Notaris Berkaitan Dengan Bukti-Bukti Yang Diserahkan Para Pihak Untuk Pelaksanaan Surat Perjanjian Bersama (Studi Kasus Putusan Pengadilan Negeri Medan Nomor 693/Pdt.G/2021/Pn Mdn), Moudy Khanza
Indonesian Notary
This article analyzes the authority and responsibilities of a notary in matters relating to the evidence submitted by the parties for the implementation of the joint agreement (Case Study of Medan District Court Decision Number 693/Pdt.G/2021/PN Mdn). The problem formulated is firstly regarding the notary’s authority to store files relating to the deed, and secondly, the notary’s responsibilities are related to storing files for the implementation of the collective agreement related to Medan District Court decision Number 693/Pdt.G/2021/PN Mdn, where the agreement contains a joint agreement between party A and party W regarding the issue of reporting land disputes at …
Report Of The National Expert For The United States In Mapping Third Party Litigation Funding In The European Union, Maya Steinitz
Report Of The National Expert For The United States In Mapping Third Party Litigation Funding In The European Union, Maya Steinitz
Faculty Scholarship
Commercial third-party litigation funding (“TPLF”) is not centrally regulated in the United States. It is subject to the overlapping jurisdiction of state and federal courts, state and federal legislatures, regulatory agencies, and bar associations. Legislation, regulation, and oversight of TPLF is being undertaken at each of those levels – much of it centered around the questions of when and whether TPLF should be disclosed; how to mitigate conflicts of interest created by TPLF (including the potential for claimants to lose control over their case to funders); and the identification of any foreign individuals, entities, or countries that may be providing …
Wine Unwelcome: The Constitutional Contours Of Wine Regulation, Alexander Fallone
Wine Unwelcome: The Constitutional Contours Of Wine Regulation, Alexander Fallone
Brooklyn Journal of Corporate, Financial & Commercial Law
Wine retail shops face a dizzying labyrinth of state laws that severely restrict their ability to ship wine to out-of-state consumers. While the dormant Commerce Clause would normally strike down laws that impose restrictions on interstate commerce, wine (and alcoholic beverages) must contend with Section Two of the Twenty-first Amendment, which gives the states control over the importation and distribution of wine intending to be consumed within their borders. Court of Appeals cases interpreting Supreme Court precedent on the tension between the dormant Commerce Clause and Section Two have practically stripped the dormant Commerce Clause of any power. This Note …
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Show Me The Money: Approaches To Anti-Money Laundering Compliance For Digital Assets, Mollie Rouan
Brooklyn Journal of Corporate, Financial & Commercial Law
The European Union’s Markets in Crypto-Assets Regulation (“MiCA”) created a harmonized framework to regulate digital asset issuance and services that were not already covered by existing regulations. Notably, MiCA requires virtual asset providers to adhere to the Financial Action Task Force Recommendation 16 (“FATF”), also known as the Travel Rule. Though the Travel Rule has existed for almost 20 years, its application to crypto asset transfers is entirely new. The purpose of the Travel Rule is to detect and prevent money laundering and terrorist financing, but its application to cryptocurrency wallet transactions is criticized for being overly burdensome and invasive …
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Who Owns Your Adventure? A Need For Legislative Clarity For Streamed Performances Of Video Games, Harrison Busalacchi
Brooklyn Journal of Corporate, Financial & Commercial Law
Video games contain copyrighted material that could easily be infringed upon by people streaming a performance of them playing the game. However, the streamers can protect themselves from infringement liability by transforming the content in some form or fashion such that their performance constitutes “fair use” of the copyrighted material. This is often accomplished by the streamer providing commentary while playing the game or adding a small video of themselves in the corner of the stream so that the viewers can see the streamers’ reactions to the content. With artificial intelligence seeing exponential growth in the past couple of years …
Superfluous Slot Machines: A Legal Analysis Of The Overly-Strict Rules Of Slot Machine Retail, Sean Jarchow
Superfluous Slot Machines: A Legal Analysis Of The Overly-Strict Rules Of Slot Machine Retail, Sean Jarchow
UNLV Gaming Law Journal
No abstract provided.
The Law On Deposits In Singapore, Tiong Min Yeo
The Law On Deposits In Singapore, Tiong Min Yeo
Singapore Law Journal (Lexicon)
This article traces the development of the law of deposits in Singapore and reviews the restatement of the law in the 2024 landmark decision of the Court of Appeal in Li Jialin v Wingcrown Investments Pte Ltd, as well as some of the issues left open by the decision. It is argued that while the decision has clarified that deposits are not subject to the penalty rule but instead subject to the common law test of reasonableness—with the practical consequence that, with clear drafting, contracting parties can rely on the validity of reasonable deposit clauses without the complication of …
Revisiting Letters Of Credit And The Enforceability Of Sanctions Clauses: Case Comment: Kuvera Resources Pte Ltd V Jpmorgan Chase Bank, N.A., Bing Feng, Keith Law
Revisiting Letters Of Credit And The Enforceability Of Sanctions Clauses: Case Comment: Kuvera Resources Pte Ltd V Jpmorgan Chase Bank, N.A., Bing Feng, Keith Law
Singapore Law Journal (Lexicon)
This article is a case commentary on the recent Singapore Court of Appeal decision of Kuvera Resources Pte Ltd v JPMorgan Chase Bank, N.A. [2023] 2 SLR 389. It begins with a brief review of the structure of documentary credit transactions before setting out the judgments by the High Court and Court of Appeal. The commentary then examines how both courts rationalised letters of credit within the traditional framework of unilateral contracts, before scrutinising the current position of sanctions clauses within letters of credit. It disagrees with the Court of Appeal’s hesitance towards accepting such clauses, noting that the unilateral …
The New Framework For Directors’ Duty To Creditors And The Challenges Ahead – Foo Kian Beng V Op3 International Pte Ltd (In Liquidation) [2024] 1 Slr 361, Jonathan Ren Hao Cheong
The New Framework For Directors’ Duty To Creditors And The Challenges Ahead – Foo Kian Beng V Op3 International Pte Ltd (In Liquidation) [2024] 1 Slr 361, Jonathan Ren Hao Cheong
Singapore Law Journal (Lexicon)
In Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] 1 SLR 361, the Singapore Court of Appeal introduced a two-step, three-category framework for evaluating whether a director has breached his fiduciary duty to consider the interests of creditors. This decision not only affirms the traditional understanding of the duty in other common law jurisdictions but also provides directors with clearer guidance on managing the affairs of the company in times of financial distress. This article builds upon the discussion in Foo Kian Beng by evaluating the new framework established by the SGCA. It also identifies potential challenges …
"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma
"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma
Indian Journal of Law and Technology
Lootboxes have become endemic in modern video games. These microtransactions allow users to purchase virtual containers without knowing their content, which is determined by chance. There have been increasing concerns about the negative impact of loot-box purchases on mental health and whether these amount to gambling under various laws. In response, several countries have started applying existing gambling laws or legislating new measures to regulate lootboxes. This raises questions about the present state of regulations in the Indian context and whether they are adequate in meeting the risks posed by lootboxes. In the present article, the authors explain the concept …
Steering Indian Financial Services Towards Digital Operational Resilience: A Cross-Sectoral Approach, Vaibhav Vijay Nishad, Smruti Kulkarni
Steering Indian Financial Services Towards Digital Operational Resilience: A Cross-Sectoral Approach, Vaibhav Vijay Nishad, Smruti Kulkarni
Indian Journal of Law and Technology
In India, among the three financial regulators, RBI’s recent focus on creating a robust ICT risk management framework has been at the forefront of the country’s digital operational resilience strategy. The continuous cyber threats and recent digital operational failures have highlighted the need for further enhancements to strategies that establish strong ICT risk management. Addressing these cybersecurity vulnerabilities requires more than prescriptive rules; it demands holistic, flexible, adaptive, and coordinated regulatory approaches to strengthen digital operational resilience. This paper analyses the key issues that need resolution to advance these efforts. We identify the misalignment of economic incentives for compliance as …
Centring Marginalisation In The Development Of Digital Courts: Reflections From Argentina, India, Kenya, And Malaysia, Siddharth Peter De Souza, Varsha Aithala, Francisco Mignaquy, Mercy Muendo, Anisha Nadkarni
Centring Marginalisation In The Development Of Digital Courts: Reflections From Argentina, India, Kenya, And Malaysia, Siddharth Peter De Souza, Varsha Aithala, Francisco Mignaquy, Mercy Muendo, Anisha Nadkarni
Indian Journal of Law and Technology
This paper presents a multi-jurisdictional analysis of digitalisation of justice and the perceived role of courts as public institutions upholding the rule of law and ensuring access to justice to all. Using selected examples from Argentina, India, Kenya and Malaysia, it examines the impact of digitalisation efforts of these countries on their citizens, marginalised populations, the State and private sector. We propose to design an approach to digital justice that centres people on the margins of digital transformation of courts. This includes three elements – first, engagement with people centered perspectives; second, focus on disadvantage and addressing socio-technical factors; and …
From ‘Gig Work’ To Algorithmically Mediated Work: Shifting The Focus To Technological Control In Work Regulation, Jasoon Chelat
From ‘Gig Work’ To Algorithmically Mediated Work: Shifting The Focus To Technological Control In Work Regulation, Jasoon Chelat
Indian Journal of Law and Technology
Platform-based work is finding a place in legislative instruments in India in recent years, under the Code on Social Security, 2020, as well as state-level legislations. In this paper, I argue that these efforts to extend protections to gig or platform work are limited in their understanding of the way work is shaped by digital technologies both within and outside of platforms. Platform-based work regulation seems to have skipped a step: the regulatory discourse has moved on to a welfare-focused model present in informal work, without examining existing jurisprudence on worker rights relevant to digitally mediated work. These legislative instruments …
In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse, Jyothsna Gurumurthy
In The Pursuance Of A Robust Legal Framework To Address Deepfake Harms: An Analysis Of The Indian Legal Discourse, Jyothsna Gurumurthy
Indian Journal of Law and Technology
A common issue we face in the field of law and technology is the constant game of catch-up that the law is required to play to keep up with advances in technology. Deepfake Technology (primarily based on generative adversarial networks, as explored in this article) exemplifies this game of catch-up and provides a fertile ground for academics and regulators/law makers to explore and understand what it means for a technology regulating law or rule to be robust and enforceable. By examining the judicial handling of deepfake claims within a publicity rights discourse in India, this article suggests the adoption of …
Brief Of Amici Curiae Contract Law Scholars Mark Gergen, Gregory Klass, And Daniel Markovits In Support Of Plaintiffs-Appellants And Reversal, Vera Institute Of Justice V. Department Of Justice, No. 25-5248 (D.C. Cir. Aug. 19, 2025), Mark Gergen, Gregory Klass, Daniel Markovits
Brief Of Amici Curiae Contract Law Scholars Mark Gergen, Gregory Klass, And Daniel Markovits In Support Of Plaintiffs-Appellants And Reversal, Vera Institute Of Justice V. Department Of Justice, No. 25-5248 (D.C. Cir. Aug. 19, 2025), Mark Gergen, Gregory Klass, Daniel Markovits
Georgetown Law Faculty Publications and Other Works
In Vera Institute of Justice v. Department of Justice, as in a raft of other cases involving constitutional, statutory, and regulatory challenges to the rapid mass cancellation of federal grants or grant programs, the government has deployed jurisdictional arguments in an effort to restrict the judiciary’s ability to review the legality of executive actions. Specifically, the government has attempted to confine jurisdiction over the plaintiffs’ claims to the Federal Court of Claims, which is powerless to remedy the alleged violations. The arguments by which the government would deny judicial review of the plaintiffs’ claims conflate two distinct considerations: first, …
Chancery Court Applies Entire Fairness Standard Of Review In Assessing Actions Of Conflicted Fiduciaries Engaging In "Value-Destructive" Spac Transactions, Robert S. Reder, John Rand Dorney
Chancery Court Applies Entire Fairness Standard Of Review In Assessing Actions Of Conflicted Fiduciaries Engaging In "Value-Destructive" Spac Transactions, Robert S. Reder, John Rand Dorney
Vanderbilt Law School Faculty Publications
In the Gig Cases, Vice Chancellor Will followed the line of analysis she first adopted in MultiPlan by applying traditional fiduciary principles to address conflicts inherent in the standard SPAC structure. First, the Vice Chancellor rejected application of the deferential business judgment rule in favor of the more exacting entire fairness standard, finding both a conflicted controller and a conflicted board. While maybe not outcome determinative, this standard of review places a heavy burden on fiduciary defendants that generally precludes pleading stage dismissal. Second, the Vice Chancellor closely parsed language in disclosures made to stockholders to support, at least at …
The Legal Regulation Of E-Commerce In Lebanon, Dolly Abouchakra
The Legal Regulation Of E-Commerce In Lebanon, Dolly Abouchakra
BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية
In the digital age, the economy and commerce sectors in Lebanon, as well as globally, have embraced advancements, leading to the emergence of e-commerce with its multifaceted models, thereby establishing the electronic commercial entity. These advancements necessitate a profound technological transformation, which, in turn, introduces critical legal challenges. These challenges threaten the stability and growth of such entities within traditional legal frameworks that are insufficiently equipped to address the complexities of the digital environment and the noticeable absence of specialized regulations. This study highlights the inadequacy and disjointed nature of the Lebanese legal framework governing electronic commercial entities. The current …